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Waste

Draft EPA Perc Study Finds Risks, Sets Review Despite SACC Concerns

EPA is moving ahead with a planned peer review of its just-released draft evaluation of the common solvent perclorothylene (perc or PCE), which finds multiple uses that present unreasonable risk to workers, consumers and the environment, though it is unclear if advisors will have a quorum to be available to review it.

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Air Force PFAS Study Drives New Calls For EPA’s CERCLA Designation

The Air Force’s recent decision to steer funds for addressing per- and polyfluoroalkyl substances (PFAS) at a former Michigan base toward more study, rather than cleanup, is giving lawmakers further reason for pushing EPA to designate the chemicals as Superfund hazardous substances -- as it could force polluter-driven cleanups including at military sites.

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Gold King mine spill plaintiffs urge 10th Circuit to preserve tort claims

Over 300 individuals suing for damages incurred in the 2015 Gold King Mine wastewater spill say they should not be penalized for filing their case outside of Colorado’s statute of limitations.

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Rep. Kildee faults Air Force’s use of PFAS funds on study, not cleanup

The lawmaker is also pledging to pursue additional funding for cleaning up per- and polyfluoroalkyl substances (PFAS) at contaminated sites.

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Sierra Club seeks EPA, state data on enforcement discretion

The environmental group is promising to “hold violating polluters accountable to state and federal laws, and to protect vulnerable communities from illegal levels of pollution.”

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Environmentalists Seek To Close ‘Loopholes’ In Bid To Curb New PFAS Uses

Even as they push EPA to ban new per- and polyfluoroalkyl substances (PFAS), environmentalists are urging the agency to close a series of “loopholes and exceptions” that they say have allowed continued widespread use of the compounds even in cases where the agency has required toxics law testing or imposed other limits.

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High Court’s CERCLA Ruling Adds Uncertainty To Cleanups, Lawyers Warn

The high court’s ruling giving state courts jurisdiction to hear contamination damages claims but preserving EPA authority to decide on any additional Superfund remedy may add uncertainty to the finality of cleanup decisions, creating openings for landowners seeking remedy revisions provided they obtain EPA’s approval, say attorneys.

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In Third Defeat, D.C. Circuit Remands EPA Advisor Policy, Bolstering Critics

EPA’s policy barring agency grant recipients from serving on its advisory boards suffered its third court loss in the past few weeks, with a federal appellate court in Washington, D.C., remanding environmentalists’ suit after finding the district court inappropriately dismissed claims that the policy violated the Administrative Procedure Act (APA).

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EPA Refusal To Stall Coal Ash Rule Amid Pandemic Draws Legal Threats

Environmentalists and Democratic states are outlining broad legal arguments against EPA’s latest proposal to loosen Resource Conservation & Recovery Act (RCRA) coal ash disposal standards, arguing that the revisions are unlawful and that the ongoing pandemic makes a meaningful public comment process all but impossible.

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EPA asks 9th Circuit to preserve landfill methane rule extensions

The appeal centers on whether EPA’s August rule extending deadlines in Obama-era landfill methane standards moots a prior court order requiring the agency to complete a federal compliance plan.

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